Mary Joseph vs Kerala State Rural Roads Development ...
2024 Latest Caselaw 29172 Ker

Kerala High Court

Mary Joseph vs Kerala State Rural Roads Development ... on 10 October, 2024

                                               2024:KER:75575



          IN THE HIGH COURT OF KERALA AT ERNAKULAM


                           PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                   WP(C) NO. 35705 OF 2024

PETITIONERS:

          MARY JOSEPH,
          AGED 47 YEARS
          W/O JOSEPH MATHEW,KIDANGANENTH HOUSE, AYROOR
    1
          NORTH P.O,AYIROOR, VELLIYARA, PATHANAMTHITTA,
          KERALA, PIN - 689 612.

          LILLY SHAJI,
          AGED 54 YEARS
          W/O SHAJI,KIDANGANENTH HOUSE, AYROOR NORTH P.O,
    2
          AYIROOR, VELLIYARA, PATHANAMTHITTA, KERALA,
          PIN - 689 612.

          BY ADVS.
               NIDHIN RAJ VETTIKKADAN
               ANJALA NAZRIN SUBAIR
               ANJO FRANCIS

RESPONDENTS:

          KERALA STATE RURAL ROADS DEVELOPMENT AGENCY
          (KSRRDA),
          REPRESENTED BY ITS SECRETARY,3RD FLOOR, REVENUE
    1
          COMPLEX,PUBLIC OFFICE COMPOUND, VIKASBHAVAN-PO,
          THIRUVANANTHAPURAM, PIN - 695 033.

          AYROOR GRAMAPANCHAYATH,
          REPRESENTED BY ITS SECRETARY, AYROOR SOUTH
    2     P.O,PATHANAMTHITTA, PIN - 689 612.


    3     ROAD DEVELOPMENT COMMITTEE,
          NJOOROR WARD-II,
          AYROORGRAMAPANCHAYATH,REPRESENTED BY CHAIRMAN/
 WP(C) NO. 35705 OF 2024        : 2 :

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            MEMBER MR. SAMKUTTYAYYAKAVIL, R/O AYYAKAVIL
            HOUSE, AYROOR NORTH P.O., PIN - 689 612.

            BY ADVS.
                 K.N.RADHAKRISHNAN, STANDING COUNSEL.
                 AMMINIKKUTTY K., SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35705 OF 2024           : 3 :

                                                        2024:KER:75575



                   MOHAMMED NIAS C.P., J.
           ------------------------------------------------
                  W.P.(C) No.35705 of 2024
         -----------------------------------------------------
       Dated this the 10th day of October, 2024



                               JUDGMENT

The petitioners preferred Ext.P3 representation

before the 2nd respondent, the Secretary of the

Panchayat with a request to serve notice to them prior

to acquiring any portion of their property.

2. After hearing the learned Counsel for the

petitioners and Adv. K.N. Radhakrishnan, the learned

Standing Counsel for the 2 nd respondent, I direct Ext.P3

representation to be considered by the 2nd respondent

with notice to the petitioners and other affected parties,

if any. Appropriate orders shall be passed on the same

within one month from today. Till orders are passed as

directed above, the status quo as of today shall be

2024:KER:75575

maintained.

The writ petition is disposed of, as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

SRJ

2024:KER:75575

APPENDIX OF WP(C) 35705/2024

PETITIONERS' EXHIBITS

THE TRUE COPY OF THE SALE DEED NO. 908/2006 DATED 22.07.2006 OF THE ARANMULA Exhibit P1 SRO.

THE TRUE COPY OF THE LAND TAX RECEIPT DATED 25.09.2024 ISSUED BY THE VILLAGE Exhibit P2 OFFICER, AYROOR.

THE TRUE COPY OF THE REPRESENTATION DATED 25.09.2024 GIVEN BY THE PETITIONERS Exhibit P3 TO THE2ND RESPONDENT SECRETARY, AYROOR GRAMAPANCHAYATH.

THE TRUE COPY OF THE RECEIPT ISSUED BY THE Exhibit P3a 2NDRESPONDENT.

THE TRUE COPY OF THE RECEIPT OF THE COMPLAINT LODGED BY THE PETITIONERS TO Exhibit P4 THE SHO, KOIPURAM DATED 25.09.2024.